Former attorney general concerned about testimony in 1991 murder

TOLEDO — Former Ohio Attorney General James Petro is asking U.S. District Court Judge Jack Zouhary to hold a hearing to determine if Alfred Cleveland was wrongly convicted of murder.

In court documents filed last week in federal court in Toledo, Petro wrote that false testimony is the main cause of Cleveland’s wrongful conviction.

Cleveland, 44, of Lorain, was sent to prison in 1996 for the 1991 murder of Marsha Blakely. He is currently at Richland Correctional Institution, according to the Ohio Department of Rehabilitation and Correction.

Cleveland is fighting for a new trial, as his lawyers have submitted new evidence.

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Blakely’s body was found in an alley in Lorain on Aug. 8, 1991. She had fractured ribs, a broken neck and her throat was slit. She had torture-type wounds on the side of her neck and head. A witness had come forward and described the events that happened that night.

The witness had said a group of men were responsible for Blakely’s murder, one of which was allegedly Cleveland. Cleveland was arrested and arraigned in May 1995.

Cleveland maintained his innocence throughout the trial. Several witnesses testified that he was in New York during the week of Aug. 5-12, 1991. He also presented evidence that he was in New York at 10 a.m. Aug. 8, 1991, when Blakely’s body was found.

Cleveland was convicted of aggravated murder Jan. 31, 1996, and was sentenced to 20 years to life in prison.

Petro filed a brief of amicus curiae, which is from someone who is not a party to the case, but is permitted by the court to “advise it in respect to some matter of law that directly affects the case in question,” according to Merriam-Webster Online.

Petro, who was attorney general from 2003-07, wrote that from time to time he reviews wrongful conviction cases, which led him to Cleveland’s.

“Specifically, I became concerned with the essential role that the testimony of William Avery Jr. played in Mr. Cleveland’s conviction,” Petro wrote. “As a friend of the Court, I have an interest in ensuring that the Court is aware of the full spectrum of information necessary to render a decision in this case.”

Lenworth Edwards, Benson Davis, John Edwards and Cleveland, all of Lorain, were convicted in Blakely’s murder.

Avery’s testimony pointed to the four men as the murderers, and he said he witnessed the crime.

In 2004, Avery contacted the FBI and said that he lied during the trials of Cleveland and the other men. He informed the FBI agent that his father committed the murder and his father pressured him to collect the money and cover up his guilt.

During a 2008 hearing in Lorain County Common Pleas Court for a motion for a new trial, Avery said that he wanted to recant his trial testimony which the court advised him of the legal consequences for recanting. The appeals court wrote that Avery’s attorney told him that if he testified that he provided false information in the original trial, he could face 30 years in prison for perjury.

Avery’s attorney asked the prosecutor if Avery could receive immunity from perjury which the prosecutor refused. Avery then pleaded the fifth amendment.

Petro wrote that he notes the central importance of Avery’s “seesaw” testimony because it is the only evidence linking Cleveland to the murder, citing the Sixth District Court of Appeals.

“And while courts and prosecutors are often suspicious of a witness’ recantation, it is also possible that the recantation is a genuine attempt to do the right thing,” he wrote. “Simply put, Mr. Cleveland’s conviction hangs solely upon the recanted testimony of someone who was paid to give that testimony and who angled to extort more for it.”

A final oral argument was held April 7. Cleveland’s attorney, Phil Calabrese, said that during the hearing, both parties went over the evidence. The judge will now make a determination of the case. The court did not provide a date as to when the judge will have a decision, Calabrese said.

About the Author

Kaylee is the Avon-Avon Lake reporter, but you can catch her covering different stories across the county. She is a Kent State University alumna who enjoys family, friends and everything Cleveland. Reach the author at kremington@morningjournal.com
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